AN INTERESTING case is underway in America.
In what has the potential to set a precedent, and perhaps one day reach Australia, a punter has filed a lawsuit against a trainer for loss of winnings.
Jeffrey Tretter, who is noted as an experienced gambler, is suing trainer Robert Bresnahan junior in a bid to retrieve more than $30,000 in lost wagering returns.
Lodging his case in New Jersey’s US District Court, Tretter is attempting to prove Bresnahan cost him a collect when his runner Tag Up And Go caused an upset at The Meadowlands in 2016.
Through an online betting site, Tretter placed wagers on a ‘first four’ styled bet, but missed when Tag Up And Go scored.
Tretter’s selections filled the next four positions across the finish.
It was later revealed Tag Up And Go tested positive to EPO and was subsequently disqualified. Bresnahan was also found guilty and disqualified.
Bresnahan has previous and subsequent positive swabs, including another EPO case.
While the placings where amended and prizemoney redistributed, punters such as Tretter have received no compensation.
The lawsuit alleges Bresnahan was fraudulent in his duties, with claims the positive swab violates federal and state anti-racketeering law.
Tretter is convinced Bresnahan’s guilty verdict within the industry makes him responsible for the false racing result and wagering outcome.
Legal representation for Bresnahan, who pleaded not guilty to the EPO charge, claim the positive test results have no jurisdiction in American law as they were conducted by a racing lab in Hong Kong.
In a counter to the lawsuit, the defence is planning a libel case if Tretter doesn’t retract his action and apologise to Bresnahan!